Summary: We cannot investigate Miss X’s complaint about the Council’s response to a leaking pipe in a neighbouring property. We cannot investigate complaints about the management of housing let on long leases by a housing authority.

The complaint

1. Miss X complained the Council did not fix a leaking pipe at a property it owned in a timely manner. She said raw sewage from the leak had caused damage to her property and the process had been stressful. She wanted the Council to reimburse her for items which she needed to replace and for food costs when she was unable to use her kitchen due to the leak.

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The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
3. We cannot investigate complaints about the management of housing let on a long lease by a council that is a registered social housing provider. (Local Government Act 1974, paragraph 5B, schedule 5, as amended)

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How I considered this complaint

4. I considered information provided by Miss X and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Miss X said waste leaking from a pipe from a neighbouring property owned by the Council caused damage to her property.
7. We cannot investigate Miss X’s complaint because it concerns the actions of the council in its role as a manager of social housing. The law says we cannot investigate such matters.
8. This restriction to our powers applies even if, as with this complaint, the person who has complained is not a Council tenant.

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Final decision

9. We cannot investigate Miss X’s complaint because it is not within our remit to investigate the council acting from its role as a social housing provider.

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Investigator's decision on behalf of the Ombudsman